Common use of Rights of Trustee as Holder of Senior Indebtedness Clause in Contracts

Rights of Trustee as Holder of Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Fourteen with respect to any Senior Indebtedness at the time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. SECTION 1408. Trustee Not Fiduciary for Holders of Senior Indebtedness. With respect to the holders of Senior Indebtedness of the Company, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article Fourteen, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of such Senior Indebtedness, and, subject to the provisions of Section 601, the Trustee shall not be liable to any holder of such Senior Indebtedness if it shall pay over or deliver to the Holders of the Securities, the Company or any other Person money or assets to which any holder of the Senior Indebtedness shall be entitled by virtue of this Article Fourteen or otherwise.